CPAA Relieved That Polyamorist Relationships Are Not Criminalized

VANCOUVER — November 23, 2011 — The Canadian Polyamory Advocacy Association (CPAA) is relieved by BC Chief Justice Robert Bauman’s decision today clarifying the interpretation of Canada’s anti-polygamy law.

“Polyamorists are relieved they can be in loving egalitarian conjugal relationships without criminal sanction,” said CPAA legal counsel, John Ince, “Common law relationships are clearly not prohibited. Polyamorists who are dealing with immigration or family custody issues for instance now need no longer worry about being considered to be criminals”.

Many polyamorous women, as well as men, have multiple partners, and polyamorists think men and women have equal freedom to define their relationships. The CPAA says the decision will relieve most polyamorists but, alarmingly, will harm those who make certain formal commitments.

“The decision still criminalizes a segment of the polyamorous community if they have a marriage ceremony,” said Zoe Duff, a CPAA director and spokesperson. Duff also represents one of the five polyamorous families who provided evidence to the court. The decision clarifies that she is living legally with her two male partners.

“Polyamorous Canadians are responsible citizens who work toward sustaining healthy, loving, egalitarian relationships and it is wrong for Canada’s laws to continue to criminalize any of us,” continued Duff, “The number of people in any given relationship is not the issue. The health of the relationship and family is the issue.”

The CPAA intervened in the case because the wording of the 120 year old statute — which was aimed at patriarchal relationships — might have caught the modern egalitarian and secular relationships practiced by polyamorists. The judge ruled that the law does not apply to unformalized polyamorous relationships.

The CPAA emphasizes that any abuse or exploitation in family situations can and should be addressed under abuse or exploitation laws — independently from the question of how many people are living together. The CPAA is concerned that the polygamy law actually makes it more difficult to help victims of abuse and exploitation.

The CPAA’s mission is to represent Canadians who are polyamorous. It expects to participate if today’s court decision is appealed, and to work with Parliament on any legislative response. The group says that funding and resource concerns may limit its activities but notes a broad and growing volunteer base across Canada.

For more information on the CPAA, visit polyadvocacy.ca or email info@polyadvocacy.ca
The CPAA is on Facebook at facebook.com/polyadvocacy

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Contacts:
John Ince, johnince@polyadvocacy.ca
Zoe Duff, zaeduff@polyadvocacy.ca

Background

In a court process called a “reference”, the BC government put a question to the BC Supreme Court to test the constitutionality of Section 293 of the Criminal Code of Canada (the so called “polygamy law”). The Canadian Polyamory Advocacy Association (CPAA) has intervened in this court proceeding on behalf of polyamory and polyamorous Canadians.

It is the CPAA’s position that adults should be free to choose to enter into multi partner intimate relationships without state interference as long as they are freely consenting and there is no criminal exploitation or abuse. Canadians have Charter rights to do so (rights of association, religion, equality, and of life, liberty and security of the person).

Polyamory (“many loves”) is the practice, desire, or acceptance of having more than one intimate relationship at a time with the knowledge and consent of everyone involved. Among the concepts critical to the understanding of consent and of ethical behaviour within polyamory are gender equality, self-determination, free choice for all involved, mutual trust, and equal respect among partners.

Polyamory is very different in philosophy from the patriarchal polygamy practiced in religious communities such as at Bountiful, BC. Polyamorous relationships may take a great variety of forms and are based on individual choice. In polyamory, women are free to choose more than one male partner and vice versa. And women are among the most active facilitators in polyamorous communities. Polyamory, which tends to be secular, is grounded in gender equality, self-determination, and free choice for everyone involved.

Newsweek Magazine reported that polyamory is a thriving phenomenon in the United States, with over half a million families openly living in relationships that are between multiple consenting partners. It is our experience that there is a similar proportion of polyamorists to the remainder of the population in Canada. See http://www.newsweek.com/id/209164.

Section 293 of the Criminal Code of Canada does far more than criminalize polygamist men in fundamentalist patriarchal religious groups. It criminalizes people in any kind of “conjugal union” where more than two people live together, even if there is no formal marriage ceremony. This includes polyamorists. 5 year jail sentences are possibilities for people in those relationships and to anyone who attends a celebration of those relationships.

Section 293 victimizes a group of people in this country who do no harm, who are striving to create families centred around love, and who, by any other measure, are not substantially different from average Canadians. The incredible irony is that this law, regardless of its actual interpretation in court, brands polyamorists as criminals without any evidence of any actual harm being done and in the process actually harms polyamorists and their children.

It is important to realize that if the criminal law is struck down, this does not mean that the courts will automatically say that the law must recognize multi-partner marriages. That is a different legal issue. Decriminalization of homosexual relationships did not lead to the recognition of gay marriage until 30 years later. No doubt it will take some time for Canadians to determine whether they ever want to recognize multi-partner marriages.

The CPAA is taking part in this litigation because people have a right to live with the people they love, and Canadian laws, such as Section 293, do not recognize that. Section 293 of the Criminal Code of Canada purports to outlaw polyamorous people living together as families. It penalizes them as soon as they make a serious commitment to one another.

The CPAA advocates on behalf of Canadians who practice polyamory. It promotes legal, social, government, and institutional acceptance and support of polyamory, and advances the interests of the Canadian polyamorous community generally. It is a nonprofit society, incorporated in the province of British Columbia.

The CPAA started in 2009 with ideas circulated by members and moderators of the Vanpoly discussion group. Those Vanpoly members circulated a “call for interveners” in response to the province of British Columbia’s test of Section 293 of the Canada’s Criminal Code. Those Vanpoly members were joined by members and facilitators of the VanIsle-Poly group, and then by others. The CPAA now has active members, volunteers, and intervening witnesses from across Canada, including Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan, and Alberta.

For more information or to contact the CPAA, visit http://polyadvocacy.ca or email info@polyadvocacy.ca
The CPAA is on Facebook at facebook.com/polyadvocacy

For immediate Release

Vancouver, B.C. – In conjunction with the closing arguments of the British Columbia Supreme Court hearing on the constitutionality of Canada’s anti-polygamy law (Section 293 of the Criminal Code), the Vancouver Polyamory Group (Vanpoly) – in support of the efforts of the Canadian Polyamory Advocacy Association (CPPA) in that litigation – will be hosting a Panel Discussion on the aspects and realities of Polyamory.

Polyamorists practice a new form of ethical and principled non-monogamy which embraces gender equality. Polyamorous relationships can include a variety of gender combinations and sexual orientations. http://polyadvocacy.ca/what-is-polyamory

The Panel Forum will take place at The Junction House Pub, 1138 Davie Street, Vancouver, BC

See the event listing on Facebook: http://www.facebook.com/event.php?eid=201449269888661

With this court hearing generating a significant amount of discussion regarding Polyamory within Canadian society, this forum will allow present practitioners of Polyamory and those interested in learning more, an opportunity to discuss the benefits and pitfalls of this growing approach to consensual multiple person relationships.

Presenters from North America have been gathered to speak at this informative forum:

Janet W. Hardy is a writer and sex educator, and founder of Greenery Press, living in Oregon, USA. She has also been published as Catherine A. Liszt and Lady Green. She is the author or co-author of ten books, including what is commonly referred to as the Polyamory Bible: The Ethical Slut. She frequently collaborates with Dossie Easton.

Terisa Greenan has a sharp wit and impeccable comedic timing. Based in Seattle, she is a writer, having penned numerous short stories and two adapted screenplays with much original content. In addition, Terisa has directed and produced for both stage and screen. She formed Petal Films in 2007. In the fall of 2008 Terisa launched 3 Dog Pictures to showcase her new episodic web series “Family”, a series depicting a Polyamorous Triad.

John Ince is a lawyer, writer and sex educator. He is the author of The Politics of Lust, a study of social attitudes towards sexuality. He is legal counsel for the Canadian Polyamory Advocacy Association and co-owner of The Art of Loving, a sexuality store in Vancouver .

Kiki Christie is the founder and facilitator of Victoria Poly 101, a polyamory discussion group in Victoria, British Columbia of over 150 members. She’s been a bi/kinky/poly educator and activist for over 6 years and has given workshops for various poly groups in British Columbia as well as in Washington state and Austin, Texas. She is a member of the Canadian Polyamory Advocacy Association and she is currently the Director for Vancouver Island Polycamp.

For more information on Vanpoly, please visit http://www.vanpoly.ca/

See the event listing on Facebook: http://www.facebook.com/event.php?eid=201449269888661

Polyamory Panel to Take Public Questions

Should the government decide who we sleep with?

That’s just one question on the minds of members of the growing polyamory movement, who feel they are under attack by a Canadian law that is under review this winter. The controversial law is considered a tool to target polygamists, but it could also be used to send others to jail, says Kiki Christie, a spokesperson for the Canadian Polyamory Advocacy Association (CPAA).

Polyamory is a practice in which consenting adults can have more than one romantic partner, but it is fundamentally different from the polygamy that is causing concern for lawmakers and the public, says Christie. For example, it does not give special rights to men, assign spouses to underage people, or teach its customs inside closed communities. That’s just the beginning.

“Polyamory is a post-modern, ethical and compassionate relationship style that begins by assuming that love is not limited,” says Christie, who acknowledges that the practice is not well understood, with outsiders frequently comparing it to swinging or cheating. “Polyamory advocates are making waves in the upcoming court case, but many people still don’t understand how polyamory is different from polygamy.”

A panel discussion at UVIC entitled “What is Polyamory?” on November 17th aims to dispel myths and raise awareness for the movement. The media, students and public are invited to find out more and bring their questions.

Hosted by Poly 101 on Campus, a UVIC student society club, the event will feature polyamory-supporting service providers, counsellors, polyamorous people and people in relationships that are polyamorous.

The panel comes at a time when curiosity about such relationships is building. On November 22nd, the BC Supreme Court will sit for at least 40 days to hear witnesses and re-examine the law, Criminal Code s. 293, which criminalizes relationships with more than two people as soon as they choose to make a formal commitment. The CPAA will be on hand to represent polyamorous people across Canada, and to argue for clarity in the law.

With only volunteers, a part-time lawyer and a small amount of funds, calling and interviewing witnesses will be hard without last-minute support, says Christie. Those who wish to support CPAA financially may donate at the event or www.polyadvocacy.ca/donate

“What Is Polyamory?” panel takes place on Wednesday, November 17, 2010 at 7 pm, at the University of Victoria, in the David Strong Building, Room C103.

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ATTACHED: Poster

POLY 101 ON CAMPUS

Poly 101 on Campus is a UVSS club that evolved from students attending a local discussion group called Victoria Poly 101 to meet, discuss and support each other in the exploration and the practice of ethical consensual non-monogamy.

CPAA

CPAA advocates on behalf of Canadians who practice polyamory. It promotes legal, social, government, and institutional acceptance and support of polyamory, and advances the interests of the Canadian polyamorous community generally. Section 293 of the Criminal Code of Canada purports to outlaw polyamorous people living together as families. It penalizes us as soon as we make a serious commitment to one another.

CANADIAN CRIMINAL CODE S. 293 FULL LEGAL TEXT
Confirm in context at http://laws.justice.gc.ca/eng/C-46/page-6.html#codese:293
(1) Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii), is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Evidence in case of polygamy
(2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

CONTACTS

Polyamory Panel Discussion organizer:
Cora Bilsker

CPAA spokesperson:
Kiki Christie,
250-507-8076 weekends and evenings after 8:00

Section 293 affects polyamorous families by seeking to criminalize “any kind of conjugal union with more than one person at the same time”, punishable by up to five years in prison.

The CPAA’s evidence includes court statements from polyamorous families in five provinces. Each of these families includes three or more adults living together in committed intimate relationships.

Those who identify with polyamory overwhelmingly reject “patriarchal polygyny”, where only men, and not women, may marry or live with multiple partners (specifically wives).

Polyamory, by definition, requires the knowledge and consent of all involved. The religiously diverse polyamorous community values gender equality, self determination, freedom of choice, and the protection of all from abuse and exploitation.

The CPAA’s statements give polyamory a human face by describing some of Canada’s successful polyamorous relationships. The CPAA also gave the court the results of an Internet survey it conducted this spring, which found many polyamorous conjugal households across Canada. In addition, the CPAA’s filings included social science evidence showing the stability and viability of polyamorous relationships.

For more information: http://www.polyadvocacy.ca

Polyamorists Announce Court Application

VANCOUVER — January 28, 2010 — Members of Canada’s polyamory community have applied to become an intervener in the B.C. government’s challenge of section 293 of the Criminal Code of Canada — Canada’s anti-polygamy law. The application, filed in BC Supreme Court yesterday, is on behalf of the Canadian Polyamory Advocacy Association (CPAA).

Polyamory, sometimes referred to as responsible or ethical non-monogamy, is the practice, desire, or acceptance of having more than one intimate relationship at a time with the consent of everyone involved. Section 293 forbids both polygamy and any kind of conjugal union with more than one person at the same time and as such infringes on people’s ability to practice polyamory if the relationships involve cohabitation.

“We believe that people should be free to practice polyamory free of any criminal liability, and that the Charter of Rights gives Canadians such freedom,” said CPAA legal counsel, John Ince.

“It is not appropriate for a law which prohibits loving, committed, consensual relationships to remain on the books, even if it not presently being enforced,” Ince continued.

Newsweek Magazine recently reported that polyamory is a thriving phenomenon in the United States, with over half a million families openly living in relationships that are between multiple consenting partners.¹ Polyamory is also a thriving phenomenon in Canada.

The CPAA, whose purpose is to promote legal, social, government, and institutional acceptance and support of polyamory in Canada, has called for people who practice a polyamorous lifestyle to step forward as potential witnesses, particularly if they are cohabiting with multiple partners.

“Trudeau once famously said ‘there is no place for the state in the bedrooms of the nation’. Similarly, we believe that there is no place for the state in the kitchens and the front rooms of the nation,” said Zoe Duff, CPAA spokesperson.

“Adult women and men should be able to choose what form of intimate relationship they enter into and with whom they want to share their lives, even if it is more than one person,” Duff continued.

Polyamory contrasts with “patriarchal polygamy” practiced in religious communities such as Bountiful, B.C. where men have the right to marry or live with several women, but women have no right to marry or live with several men. Polyamory, on the other hand, is grounded in gender equality, self-determination, and free choice for all involved.

If the issues at communities such as Bountiful are alleged abuse (for example: the abuse of minors, abuse of authority, and marriages that are under age), the abuses should be prosecuted using existing laws that address such abuses.

The CPAA anticipates that his matter may go to the Supreme Court of Canada.

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1. http://www.newsweek.com/id/209164